24-203-IFB_-_55in_LCD_Monitors.pdf

INVITATION FOR SOLICITATIONS (IFB)

23-203-IFB

55 inch LCD Monitors – NEC Model #UN552S

DATE OF ISSUE: Tuesday, January 9, 2024

DEADLINE FOR QUESTIONS: Tuesday, January 16, 2024 at 5:00 PM Local

Time, Orlando, FL

ELECTRONIC RESPONSES: Sealed Electronic offers will be accepted up to 11:00 AM (local time), Tuesday, January 23, 2024 via the electronic procurement portal referenced above.

SOLICITATION OPENING MEETING: Respondents may attend via Microsoft

Teams Meeting

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 287 388 323 649 Passcode: AjpGBf Download Teams | Join on the web

SUBMIT ALL QUESTIONS & INQUIRES VIA OPENGOV

☒ Symbol means the option is selected, and to be applied to this IFB.

☐ Symbol means the option is not selected, and is not to be applied to this IFB.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2RkYjQ4ODMtZjVhYy00N2MyLTgxYzUtOWJiNGRhMDcyYzc2%40thread.v2/0?context=%7b%22Tid%22%3a%22d704ebcc-99a6-46da-84cb-6a2258292a9a%22%2c%22Oid%22%3a%22fba383cb-75e2-4af4-a75c-5682dffdc92f%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting

23-203-IFB Page 2 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

TABLE OF CONTENTS

1.0 AMERICANS WITH DISABILITIES ACT

2.0 GENERAL INFORMATION

2.1 Attachments to this IFB Document

2.2 General

2.3 Intent/Purpose

2.4 Questions and Communication Related to this IFB

2.5 Minority Women Business Enterprise/Local Developing Business/Veteran Business Enterprise (MWBE/LDB/VBE)

2.6 Silence of Specifications

2.7 Lobbying Statement

2.8 Solicitation Due Date, Time and Location and Late Solicitations

2.9 Pre-Solicitation Conference

2.10 Addenda

2.11 Understanding of Scope and Terms and Conditions

2.12 General Terms and Conditions

2.13 Code of Ethics and Business Conduct Policy

2.14 Conflict of Interest

2.15 Reservation of Rights

2.16 Public Meetings/Public Records

2.17 Florida Public Records Law

2.18 Whistle Blower Reporting Line

2.19 EEO Statement

2.20 Federal Fair Labor Standards Act

2.21 Occupational Safety And Health Act of 1970

2.22 Purchasing Agreements with Other Governmental Entities

2.23 Assignment

2.24 Verbal Instructions

2.25 Patents and Royalties

2.26 Software License to Contractor

2.27 Warranty Against Infringement of Intellectual Property

2.28 Optional Ownership of Work Product

2.29 Scrutinized Companies

2.30 Discriminatory Vendor List

2.31 Drug-Free Workplace

2.32 Verification of Employment Status

2.33 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI)

2.34 Indemnification

2.35 Safety Warranty

2.36 Warranty

23-203-IFB Page 3 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

2.37 Incurred Cost

2.38 Discounts

2.39 Taxes

2.40 Acceptance

2.41 Failure to Perform

2.42 Compensation / Invoicing

2.43 Operations During Dispute

2.44 Litigation Venue

3.0 BACKGROUND INFORMATION

3.1 Airport Demographics

3.2 Airport Environment

4.0 SPECIAL CONDITIONS

4.1 Partial Solicitations / Complete Solicitations

4.2 Pricing

4.3 Alternate items

4.4 Award

4.5 Ordering

5.0 SOLICITATION PREPARATION AND SUBMITTAL

5.1 Submittal of Solicitations

5.2 Documentation

1. Respondent’s Certification

2. Addendum Receipt Verification Form

3. Conflict of Interest Disclosure Form

4. Assistance with Development of Specifications or Item Selections Form

5. Prohibition Against Contracting with Scrutinized Companies Certification*

6. Public Entity Crimes Certificate

7. E-Verification Certification

8. Drug-Free Workplace Certification

23-203-IFB Page 4 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

1.0 AMERICANS WITH DISABILITIES ACT

The Greater Orlando Aviation Authority (Aviation Authority) does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act (ADA) or Section 86.26, Florida Statutes, should contact the Aviation Authority’s ADA Coordinator at 407- 825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

23-203-IFB Page 5 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

2.0 GENERAL INFORMATION

2.1 Attachments to this IFB Document

• Attachment A: Terms and Conditions of Purchase Order

2.2 General

Throughout this document the words:

• Contract, Purchase Order and Blanket Release are used synonymously

• Contractor, Consultant and Vendor are used synonymously

2.3 Intent/Purpose

The Greater Orlando Aviation Authority, Orlando International Airport, Orlando, Florida, is soliciting sealed Solicitations from qualified Respondents to provide a quantity of 200; Model: #UN552S – NEC MultiSync 55” LED-backlight LCD, NO alternative models will be considered, at the Aviation Authority. The awarded Respondent must be licensed to do business in the State of Florida and perform under the laws of the State of Florida.

2.4 Questions and Communication Related to this IFB

Respondents shall submit all inquiries regarding this Solicitation via the e-Procurement Platform, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries must be posted on the Aviation Authority e-Procurement Platform. Questions will be answered through the e- Procurement Platform. Respondents may also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the Respondent to check the website for answers to inquiries. Questions will be answered through the e- Procurement Portal.

2.5 Minority Women Business Enterprise/Local Developing Business/Veteran Business Enterprise (MWBE/LDB/VBE)

Due to the specialized nature of the required services for this solicitation, a Minority Women Business Enterprise/Local Developing Business/Veteran Business Enterprise (MWBE/LDB/VBE) goal has not been specifically established. However, the respondents are strongly encouraged to identify and secure MWBE/LDB/VBE participation through the purchases of goods and/or services.

2.6 Silence of Specifications

The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided.

https://procurement.opengov.com/portal/goaa.

23-203-IFB Page 6 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

2.7 Lobbying Statement

All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this Solicitation. Firms and their agents are hereby placed on notice that they are not to contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated Purchasing Agent. Public meetings and public deliberations of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the Invitation for Bid; and written correspondence concerning Solicitations may be submitted to the Procurement Services Department. An appropriate official or employee of the Aviation Authority may initiate communication with a Respondent in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Any official communication from a Respondent during the Solicitation process should be submitted through OpenGov as directed during the Solicitation process. A copy of the Administration Policies (Sections

180.01 and 180.03) are available upon request from the Chief Administrative Officer.

Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S. 287.057 (23))

2.8 Solicitation Due Date, Time and Location and Late Solicitations

Responses must be received by the Solicitation due date, time and location notated on the cover page.

The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any response. The office opening time shall be scrupulously observed. Under no circumstances shall responses delivered after the time specified be considered.

2.9 Pre-Solicitation Conference

If a Virtual and/or Pre-Solicitation Conference is held, please see the Cover Page of this solicitation for the location, date, and time. The purpose of any Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published.

Attendance is not mandatory but is highly encouraged. Respondents are expected to be familiar with the Solicitation Documents.

2.10 Addenda

If deemed necessary, the Procurement Services Department may supplement this IFB Document by issuing Addenda. If the Procurement Services Department determines that it is necessary to change these dates or times prior to the Solicitation due date, the change will be announced via an addendum and posted on the e-Procurement Platform.

23-203-IFB Page 7 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

Acknowledgement of receipt of all Addenda is required in order to be considered responsive.

2.11 Understanding of Scope and Terms and Conditions

All prospective Respondents shall thoroughly examine and become familiar with the Solicitation package, including the scope and the Terms and Conditions, and carefully note the items which must be submitted with the Solicitation as detailed in Section 5.0 below.

Submission of a Solicitation shall constitute an acknowledgment that the Respondent has read and understands the Solicitation Documents. The failure or neglect of a Respondent to receive or examine any Solicitation Document shall in no way relieve it from any obligations under its Response. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the scope.

2.12 General Terms and Conditions

The “Terms and Conditions of Purchase” dated 7/27/21 will apply to any resulting Purchase Order OR Blanket Purchase Agreement. The document is included with the IFB document as Attachment A. Any other/additional Terms and Conditions, or reference to other Terms and Conditions submitted with the response will be considered an objection to GOAA’s Terms and Conditions, and the Respondent may be considered non-responsive.

BY SIGNING AND SUBMITTING A SOLICITATION, RESPONDENT

ACKNOWLEDGES THAT THE ABOVE REFERENCED “TERMS AND CONDITIONS

OF PURCHASE,” DATED 7/27/21, WILL APPLY TO ANY RESULTING PURCHASE

ORDER OR BLANKET PURCHASE AGREEMENT, AND WILL SUPERSEDE ANY

TERMS AND CONDITIONS REFERENCED ON SALES ORDERS, ORDER

ACKNOWLEDGEMENTS, INVOICES, ETC.

2.13 Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses, the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Respondent and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Respondent to Respond on any Solicitation or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

23-203-IFB Page 8 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

2.14 Conflict of Interest

The award hereunder is subject to provisions of State of Florida Statutes. All Respondents must disclose with their Response the name of any officer, director, or agent who is also an employee of the Aviation Authority. Further, all Respondents must disclose the name of any Aviation Authority employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent’s firm or any of its branches.

2.15 Reservation of Rights

As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all Responses or waive any minor irregularity or technicality in Responses received. Respondents are cautioned to make no assumptions unless their response has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this Solicitation shall conform to applicable policies of the Aviation Authority.

No commitment is made or inferred by the Aviation Authority that any or all of the items listed, in any quantity, will be purchased as a result of this IFB. The Aviation Authority may purchase the items listed on an “as needed” basis, in any quantity deemed necessary, at the unit prices provided in the successful Respondent’s response.

The Aviation Authority reserves the right to reject Responses containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

If the company ranked first is not able to deliver as agreed, the Aviation Authority reserves the right to order from the company ranked second, and so on.

The Aviation Authority reserves the right at its sole discretion to increase, decrease, or delete any portion of the Scope of this Solicitation at any time without cause.

2.16 Public Meetings/Public Records

Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a Solicitation will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

2.17 Florida Public Records Law

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE AVIATION

AUTHORITY’S CUSTODIAN OF PUBLIC RECORDS AT:

www.orlandoairports.net/publicrecords; PHONE NUMBER 407.825.2400; AND

MAILING ADDRESS, GREATER ORLANDO AVIATION AUTHORITYY, PUBLIC

RECORDS, ONE JEFF FUQUA BOULEVARD, ORLANDO, FL 32827.

23-203-IFB Page 9 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

A Contractor with an Aviation Authority Contract for services, must comply with Florida Statute, Chapter 119.071, specifically to: Keep and maintain public records that ordinarily and necessarily would be required by the Aviation Authority in order to perform the service. Upon request from the Aviation Authority’s custodian of public records, provide the Aviation Authority with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the Aviation Authority would provide the records and at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes, or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Aviation Authority. Upon completion of the Contract, meet all requirements for retaining public records and transfer, at no cost to the Aviation Authority, all public records in possession of the Contractor or keep and maintain public records required by the Aviation Authority to perform the service. If the Contractor transfers all public records to the Aviation Authority upon completion of the Contract, the Contractor shall, upon termination of the Contract, destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Aviation Authority, upon request from the Aviation Authority’s custodian of public records, in a format that is compatible with the information technology systems of the Aviation Authority. If a Contractor does not comply with a public records request, the Aviation Authority shall enforce the Contract provisions in accordance with the Contract.

2.18 Whistle Blower Reporting Line

The Aviation Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Aviation Authority has established a Whistle Blower Reporting Line with a third-party service provider as a means for employees, Contractors, vendors, tenants and the general public to report suspected fraud, waste or abuse in connection with Aviation Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its Subcontractors or laborers, it shall promptly report such activity at 877-370-6354, through email:

GOAA@integritycounts.ca, or through the online reporting form at http://www.integritycounts.ca/org/GOAA. The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.

2.19 EEO Statement

Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate. The Aviation Authority is an equal opportunity employer.

http://www.integritycounts.ca/org/GOAA

23-203-IFB Page 10 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

2.20 Federal Fair Labor Standards Act

All Contracts and subcontracts that result from this Contract incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

2.21 Occupational Safety And Health Act of 1970

All Contracts and Sub-Contracts that result from this Contract incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor (also known as Consultant) must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee.

The Consultant retains full responsibility to monitor its compliance and their Subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

2.22 Purchasing Agreements with Other Governmental Entities

The Aviation Authority permits the awarded Respondent(s) to extend the pricing, terms and conditions of this solicitation to other governmental entities at the Respondent’s discretion. Each governmental entity that utilizes this solicitation or its results will be responsible for execution of its own requirements with the awarded Respondent(s).

2.23 Assignment

Neither this Contract nor any of the Contractor's rights or obligations hereunder may be assigned by the Contractor without the Aviation Authority's prior written consent, which consent may be granted or withheld in the Aviation Authority's sole discretion. Any transfer of this Contract by merger, consolidation or liquidation, change in federal identification number or, any change in ownership of or power to vote a majority of the outstanding voting stock or ownership interests of the Contractor shall constitute an assignment of this Contract for purposes of this Section. In the event the Contractor assigns or subcontracts or attempts to assign or subcontract any right or obligation arising under this Contract without the Aviation Authority's prior written consent, the Aviation Authority shall be entitled to terminate this Contract. Assignments require at least sixty

(60) days prior notice.

2.24 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Aviation Authority employee. Only those communications, which are in writing from an authorized Aviation Authority representative, may be considered. Only written communications from Respondents, which are signed by a person designated as authorized to bind the company, will be

23-203-IFB Page 11 of 30 IFB/Goods/PO-BPA/Rev 12/8/23 recognized by the Aviation Authority as duly authorized expressions on behalf of the Contractor.

2.25 Patents and Royalties

The Contractor, without exception shall indemnify and save harmless the Aviation Authority and its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by the Aviation Authority. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Solicitation prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

2.26 Software License to Contractor

If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to the Aviation Authority, a perpetual, irrevocable, nonexclusive, nontransferable, royalty free license to use the software. This software is “proprietary” to Contractor, and is licensed and provided to the Aviation Authority for its sole use for purposes under this Contract and any attached work orders or invoices. The Aviation Authority may not use or share this software without permission of the Contractor; however, the Aviation Authority may make copies of the software expressly for backup purposes.

2.27 Warranty Against Infringement of Intellectual Property

Contractor warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Contractor will defend at its expense any action against the Aviation Authority or the Aviation Authority as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Contractor will pay any and all costs and damages finally awarded against the Aviation Authority or the Aviation Authority as licensee in such actions which is attributable to such claim. Should the products or services become, or in Contractor's opinion be likely to become, the subject of any claim of infringement, Contractor shall either: (a) procure for the Aviation Authority the right to continue to use the goods or services; or (b) modify the goods or services to make them non-infringing, provided that such modification does not materially adversely affect the Aviation Authority’s authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Aviation Authority; or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate this Contract and refund to the Aviation Authority the payments actually made to Contractor under this Contract.

2.28 Optional Ownership of Work Product

Contractor agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Contractor for the Aviation Authority pursuant to a

23-203-IFB Page 12 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the “Work Product”) and Contractor acknowledges that such Work Product may be considered “work(s) made for hire” and will be and remain the exclusive property of the Aviation Authority. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Contractor hereby agrees that this Contract effectively transfers, grants, conveys, and assigns exclusively to the Aviation Authority, all rights, title and ownership interests, including copyright, which Contractor may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Aviation Authority shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Contractor for itself and on behalf of its Contractors hereby waives any property interest in such Work Product.

2.29 Scrutinized Companies

Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Agreement is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. For Contracts of any amount, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, this section shall become inoperative and unenforceable.

2.30 Discriminatory Vendor List

An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Response for a Contract to provide goods or services to a public entity, shall not submit a Response on a Contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Responses for leases of real property to a public

23-203-IFB Page 13 of 30 IFB/Goods/PO-BPA/Rev 12/8/23 entity, shall not award or perform work as a Contractor, supplier, Subcontractor, or consultant under any Contract with any public entity, and shall not transact business with any public entity per 287.134(3)(d), Fla. Stat.

2.31 Drug-Free Workplace

Whenever two or more Respondents, which are equal with respect to price, quality, and service, are received by the Aviation Authority for the procurement of commodities or Contractual services, a Response received from a business that has implemented a drug-free workplace program per 287.087, Fla. Stat. shall be given preference in the award process.

2.32 Verification of Employment Status

Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis.

Only those employees determined eligible to work within the United States shall be employed under this Contract.

By submission of a Solicitation in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this Contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation.

2.33 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI)

In the course of performing the Contract work, Contractor may gain access to Sensitive Data Types including but not limited to Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI), Financial Information and/or other confidential information of the Aviation Authority.

Contractor agrees to hold such information in confidence and to make such information known only to its employees, affiliates, agents, Subcontractors, and sub-consultants who have a legitimate need to know such information and who are under a similar obligation of confidentiality. The Contractor shall seek the Aviation Authority’s prior written consent before releasing, disclosing, or otherwise making such confidential information available to any other person. This provision shall not apply to information required to be released by applicable law, legal subpoena, or other lawful process. The Contractor must notify the Aviation Authority as soon as practicable in the event Contractor is notified of or discovers any compromise and/or breach or suspected breach, such as unauthorized access to, theft of, misuse of and unintentional releases or of any security/sensitive data types, or confidential information of the Aviation Authority and/or Individuals (“Data Breach”) involving Contractor controlled systems such as, but not necessarily limited to, web sites, transmission infrastructure, voice response unit, and retrieval and storage systems. This notification should include, to the extent known, the type of Data Breach, type of data compromised and/or breached, and results of any forensic investigation. To the extent http://www.uscis.gov/portal/site/uscis

23-203-IFB Page 14 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

Contractor is responsible for the Data Breach and upon mutual agreement of the parties, Contractor shall be responsible to implement, in coordination with the Aviation Authority, a commercially reasonable Remediation Plan to address and respond to a Data Breach.

Such commercially reasonable “Remediation Plan” will include certain administrative requirements associated with addressing and responding to such Data Breach to the extent necessary under the circumstances, and may include but is not necessarily limited to: (i) preparation and mailing or other transmission of legally required notifications, (ii) preparation and mailing or other transmission or communication to impacted Individuals such as may be required by applicable law or regulation; (iii) offering potentially impacted Individuals the opportunity to enroll in a credit monitoring service offered by a vendor of Contractor’s choice for a two-year period, or other period as required by applicable law, at no charge to the impacted Individuals; and (iv) payment of applicable reasonable legal, audit, accounting and administrative expenses associated with the investigation, notifications and recovery arising from the Data Breach. The remedies provided for in the Remediation Plan shall be in addition to any other remedies available to the Aviation Authority under this Contract. The provisions of this Section shall survive the expiration or earlier termination of the Contract.

2.34 Indemnification

The successful Contractor shall indemnify, defend and hold completely harmless the Aviation Authority and the City of Orlando, Florida ("City"), and the members (including, without limitation, members of the Aviation Authority's Board and the City's Council, and members of the citizens’ advisory committees of each), officers, employees and agents of each, from and against any and all liabilities (including statutory liability and liability under Workers' Compensation Laws), losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to, court costs, paralegal and expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from any of the foregoing: (a) by reason or on account of damage to or destruction or loss of any property of Aviation Authority or the City, or any property of, injury to or death of any person resulting from or arising out of or in connection with the performance of this Contract, or the acts or omissions of Contractor's directors, officers, agents, employees, Subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by Aviation Authority's negligence or by the joint negligence of Aviation Authority and any person other than Contractor or Contractor's directors, officers, agents, employees, Subcontractors, licensees, or invitees, or (b) arising out of or in connection with the failure of Contractor to keep, observe or perform any of the covenants or agreements in this Contract which are required to be kept, observed or performed by Contractor, or (c) arising out of or in connection with any claim, suit, assessment or judgment prohibited by this condition or in favor of any person described in below, or (d) arising out of or in connection with any action by Contractor or its directors, officers, agents, employees, Subcontractors, licensees or invitees. Aviation Authority agrees to give Contractor reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Contractor or its insurer to compromise and defend the same to the extent of its interests, and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations under this section, Contractor shall engage counsel reasonably acceptable to Aviation Authority. In any suit, action, proceeding, claim or demand brought in respect of

23-203-IFB Page 15 of 30 IFB/Goods/PO-BPA/Rev 12/8/23 which the Aviation Authority may pursue indemnity, the Aviation Authority shall have the right to retain its own counsel. The fees and expenses of such counsel shall be at the expense of the Aviation Authority unless the Contractor and the Aviation Authority shall have mutually agreed to another arrangement. In the event Contractor fails, within a reasonable time to retain counsel satisfactory to the Aviation Authority, the Aviation Authority may retain counsel and Contractor shall be responsible for such legal fees, costs and expenses. In the event, the Aviation Authority and the Contractor are both named parties in any such proceeding and, in the sole judgment of the Aviation Authority, representation of both the Aviation Authority and the Contractor by the same counsel would be inappropriate due to actual or potential differing interests between them then Aviation Authority shall obtain its own counsel and Contractor shall be responsible for such legal fees, costs and expenses. The indemnification provisions of this Section 5 shall survive the expiration or earlier termination of this Contract with respect to any acts or omissions occurring during the term of the Contract. No recourse under or upon any obligation, covenant or agreement contained in this Contract, or any other agreement or document pertaining to the work or services of the Contractor hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against Aviation Authority, or the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Contract, shall be had against any member (including, without limitation, members of the Aviation Authority's Board or the City's Council, or members of the citizens advisory committees of each), any officer, employee or agent, as such, past, present, or future of Aviation Authority or City, either directly or through the Aviation Authority or the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by Aviation Authority. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, officer, employee, or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for the payment for or to Aviation Authority, or any receiver therefore or otherwise, of any sum that may remain due and unpaid by the Aviation Authority, is expressly waived and released as a condition of and in consideration of the execution of this Contract and the, promises made to Contractor pursuant to this Contract. In any and all claims against the Aviation Authority or the City, or any of their officers, members, agents, servants or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of Contractor under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or for the Contractor or any Subcontractor under Workers' Compensation Acts, disability benefit acts or other employee benefit acts. No provisions of this condition shall be construed to negate, abridge, or otherwise reduce any other right of indemnity that Aviation Authority may have as to any party or person described therein.

2.35 Safety Warranty

The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of

23-203-IFB Page 16 of 30 IFB/Goods/PO-BPA/Rev 12/8/23 manufacture including safety and environmental standards as apply to both private industry and governmental agencies.

2.36 Warranty

The Contractor agrees that, unless otherwise specified, the supplies and/or services furnished under this Solicitation shall be covered by the most favorable commercial warranty the Contractor gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Aviation Authority by any other provision of this Solicitation.

2.37 Incurred Cost

The Aviation Authority is not liable for any cost incurred by any Contractor prior to an award. Costs for developing a response to this request for Solicitation are entirely the obligation of the Contractor and shall not be chargeable in any manner to the Aviation Authority.

2.38 Discounts

All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net cost for Solicitation evaluation purposes.

2.39 Taxes

The Aviation Authority is exempt from Federal excise taxes and all sales taxes.

2.40 Acceptance

Items may be tested for compliance with the Specifications. Items delivered not conforming to specifications may be rejected and returned at Contractor’s expense. Any increase in cost may be charged against the Contractor.

2.41 Failure to Perform

The Respondent shall be prepared to deliver goods as agreed-upon, after issuance of a purchase order, blanket release, or after receipt of deposit if applicable. Failure to satisfactorily complete delivery as scheduled may result in written notice to the Respondent terminating its right to proceed as to the whole or any part of the PO or to the remainder of the BPA term. Should the Respondent be unable to or refuse to provide goods, on any given day, against the predetermined schedule to which the Respondent has agreed by specifying it in the pricing table, and the Aviation Authority is forced to procure the goods from a different Respondent, the difference in the price of the goods and the price paid the new Respondent may be charged to and paid for by the Respondent.

23-203-IFB Page 17 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

2.42 Compensation / Invoicing

Respondent shall submit detailed invoice(s) to the Aviation Authority’s Accounts Payable Department (as specified on the PO or BPA Release) within ten (10) business days from accepted delivery. PO # or BPA Release # must be noted on the PO in order to facilitate timely processing.

Contractor shall be obligated to pay promptly all proper charges and costs incurred by Contractor for labor and materials used for the work performed hereunder. The Aviation Authority shall have the right, but not the obligation, to pay directly to third parties (including Subcontractors) all past due amounts owed by Contractor to third parties for labor and materials used for the work hereunder, based on invoices submitted by such third party, and all such amounts paid by the Aviation Authority shall be applied toward, and shall reduce, amounts owed to Contractor hereunder.

2.43 Operations During Dispute

In the event the Aviation Authority has not canceled the Contract in accordance with the terms of the Contract, and there remains a dispute between the Contractor and the Aviation Authority, the Contractor agrees to continue to operate and perform under the terms of the Contract while such dispute is pending. Further, the Contractor agrees that, in the event a suit is filed for injunction or other relief, it will continue to operate until the final adjudication of such suit by the court.

2.44 Litigation Venue

All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in Orange County, Florida, or in the Federal Courts wherein venue shall lie in the Middle District in and for the State of Florida. By signing the Solicitation Form, the Respondent expressly waives venue in any other location.

23-203-IFB Page 18 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

3.0 BACKGROUND INFORMATION

3.1 Airport Demographics

Orlando International Airport (MCO) is operated and managed by the Greater Orlando Aviation Authority (the “Aviation Authority”). It is expected that more than 54.4 million domestic and international passengers will travel through MCO during the 2022-2023 fiscal year.

As of January 2023, MCO is served by 34 commercial airlines and 6 cargo carriers. In January 2022, the Airport was served by 30 commercial airlines and 7 cargo carriers.

MCO, like all airports in the United States, is self-sustaining, with Airport revenues being generated from user fees, concessions, and airline revenues. No local taxpayer dollars contribute to the operation of MCO.

3.2 Airport Environment

It is important for Proposers to note that the Airport environment presents the Proposer with a set of unique challenges which are not typical of any other environment.

The Airport is a non-smoking facility.

23-203-IFB Page 19 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

4.0 SPECIAL CONDITIONS

4.1 Partial Solicitations / Complete Solicitations

Respondent:

☒ must respond on all items to be considered ☐ may respond on one, some or all items listed in the price table

4.2 Pricing

a. Provide pricing in OpenGov, using the pricing table. Responses in any other format (such as a quote on the Respondent’s template) will not be accepted or reviewed.

b. Unit prices provided must be valid at least through 4/30/2024. Any anticipated increases in Respondent's costs during the term must be reflected in its prices set forth in its Solicitation.

c. The Aviation Authority shall not be obligated to renegotiate or increase any price on a Respondent's mistake or miscalculation of prices, underestimation of costs, or for any other reason. All of the Respondent's overhead costs, including, but not limited to, costs of the required bonds and insurance coverages, shall be included in such Respondent's prices listed in its Solicitation.

d. Unit price shall include all costs associated with shipping to the Aviation Authority’s location. (Zip: 32827)

e. Unit prices provided shall be for materials/items/parts/equipment that are new, unused, or a current year and model, and are fully supported by the manufacturer’s warranty to the initial purchaser, as applicable.

f. In case of a Respondent’s error in an extension or addition of Solicitation prices, the unit price shall govern.

g. The Aviation Authority is exempt from Federal excise taxes and all sales taxes.

4.3 Alternate items

Alternate items or substitutions:

☒ will not be considered. The Aviation Authority will only consider the referenced product(s) manufactured by the company specified on the price sheet. Solicitations received for alternate products will be considered “non-responsive”

☐ will be considered. BRAND NAME OR EQUAL: If items called for by this invitation have been identified in the specifications by a “Brand Name or Equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be acceptable. Solicitations offering

23-203-IFB Page 20 of 30 IFB/Goods/PO-BPA/Rev 12/8/23

“equal” products will be considered for award if such products are clearly identified in the Solicitation and are determined by the Aviation Authority to meet fully the salient characteristics requirements listed in the specifications. Unless the Respondent clearly indicates in the Response that it is offering an “equal” product, the Response shall be considered as offering the same brand name product referenced in the specifications. If the Respondent proposes to furnish an “equal” product, the brand name if any, or the product to be furnished shall be inserted in the space provided or such product shall be otherwise clearly identified. The evaluation of Solicitations and the determination as to equality of the product offered shall be the responsibility of the Aviation Authority and will be based on information furnished by the Respondent.

Procurement Services Department is not responsible for locating or securing any information, which is not identified in the Solicitation and reasonably available to Procurement Services Department. To ensure that sufficient information is available the Respondent shall furnish as a part of the Response, or prior to Response opening, as indicated, all descriptive material necessary for Procurement Services Department to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Respondent proposes to furnish and what the Aviation Authority would be binding itself to purchase by making an award.

4.4 Award

Award, if made, will be to the:

☒ Responsible and Responsive Respondent submitting the lowest total Response.

☐ Responsible and Responsive Respondent submitting lowest Solicitation for each line.

Multiple Respondents may be awarded.

Each Solicitation submittal shall be evaluated for conformance as responsive and responsible.

4.5 Ordering

If awarded, this IFB will result in a:

☒ Standard Purchase Order (PO) ☐ Blanket Purchase Agreement (BPA) for a 12 month period.